Sharp v. Pike

2015 Ark. App. 670, 476 S.W.3d 217, 2015 Ark. App. LEXIS 763
CourtCourt of Appeals of Arkansas
DecidedNovember 18, 2015
DocketCV-14-1017
StatusPublished
Cited by1 cases

This text of 2015 Ark. App. 670 (Sharp v. Pike) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sharp v. Pike, 2015 Ark. App. 670, 476 S.W.3d 217, 2015 Ark. App. LEXIS 763 (Ark. Ct. App. 2015).

Opinion

LARRY D. VAUGHT, Judge

|,Appellant Sandy Sharp appeals the decree of adoption entered by the Circuit Court of Bénton County. On appeal, Sandy argues that the decree must be reversed because the trial court failed to consider notice along with remedial and rehabilitative requirements mandated by the Indian’ Child Welfare Act (ICWA). Sandy also contends that the trial court clearly erred in finding that her consent, pursuant to Arkansas Code Annotated section 9 — 9—207(a)(2), was not required. We affirm.

Sandy Sharp and Eric Pike, who were never married to each other, are the parents of K.P. (DOB 1-30-01). In July 2010, an order was entered by the district court of Canadian County, Oklahoma, awarding custody of:K.P. to Eric and granting supervised visitation to Sandy until she completed a drug-treatment program. Both supervised, and unsupervised visitation occurred thereafter until an incident occurred at a scheduled supervised visitation in October-2012. Sandy has not seen or spoken with K.P. since that time. On November 7, 2013, laSandy filed a petition to establish paternity and for visitation. Thereafter, appellee Angela Pike, who had married Eric on October 12, 2012, filed a petition to adopt K.P.

At the adoption, hearing, Sandy testified that she was a recovering drug addict. She stated that she had been directed to complete drug treatment, for her methamphetamine addiction in July 2010, in order to have unsupervised visitation with K.P., and that she had completed a thirty-day program. She conceded that she had relapsed and was arrested on March -10, 2012, for using methamphetamine. She testified that since May 2013, she had been participating in drug court qnd was drug free. She said that she had passed fifty-eight drug tests and had been attending counseling. -She said that she had been employed at Subway for nearly twenty months and was now the assistant, manager. She said that she was also a full-time student, seeking her nursing degree, and had been living in the same apartment for the past year.

On the issue of visitation, Sandy said that she had only three or four supervised visits with K.P. between March 10, 2012 and October 2012. She stated that she was scheduled to have a supervised visit with K.P. at a McDonald’s restaurant in October 2012, and she called the police to request that they monitor the visit. According to Sandy, when Eric and K.P. arrived and saw the police, they got upset, and Eric canceled the visit. Thereafter, she tried to contact Eric to schedule visits, but Eric ignored her, and she had not seen KP. since. She said that she stopped requesting visitation from Eric in December 2012 because of three no-contact orders that had been entered against her. 1 She testified that the no-contact orders | .^resulted from her efforts to communicate with Eric seeking visitation with K.P., which he ignored. She said that she sent a registered letter to Eric asking for visitation in September 2012; mailed three letters to K.P.; and sent flowers to her at school for her last two birthdays. She admitted that she did not contact KP.’s school to learn about her classes, grades, or activities and that'. Eric and Angela did not prevent her from communicating with the school about KP. Sandy testified that she did not pursue visitation until November 2013 because she lacked the funds to hire, an attorney. Sandy acknowledged that K.P. felt abandoned because of the. lack of visitation; however, she believed that Eric had “brainwashed” KP. into not wanting to have contact with her.

Regarding support, Sandy stated that she had never been ordered to pay child support. She agreed that every parent has the obligátion to support her child but conceded that she had not sent any money to Eric for KP. Sandy stated that she offered to give Eric child support, but he told- her not to; instead, he said that she should spend her money on KP. during their-visits. Sandy said that she had accumulated two years of Christmas and birthday gifts for KP.

Sandy concluded her testimony by stating that she did not believe that adoption was in the best interest of K.P. She acknowledged her prior mistakes but claimed' that she had turned her life around, -had established a home and a job, and had been sober for ten months.

Sandy’s probation officer confirmed that Sandy had moved successfully through the drug-court program, passing random drug tests and complying with all other requirements. Sandy’s drug-court counselor also testified that Sandy was doing very well and was nearing completion of the program. Sandy’s mother and sister also testified, stating that they did not think adoption was in KP.’s best interest.

[4Eric testified that when Sandy visited KP., it was sporadic, stating that she canceled visitations for weeks at a time. He said that before March 2012, Sandy had six unsupervised visits. After her arrest in March 2012, there were approximately two supervised visits. He said that there had been no visitation since the October 2012 incident at McDonald’s. Eric stated that upon their arrival, Sandy told him she had called the police, and the police'' arrived soon thereafter. He said that K.P. was very embarrassed by the incident. Thereafter, according to Eric, Sandy contacted him “all hours of the day and night” by text and phone to schedule visitation. He said that there were “huge stacks of communications” from Sandy, including “hundreds and hundreds” of text messages, and he agreed that he did not respond to them. He said he was protecting his child from Sandy, who was “strung out on drugs.” Instead, he pursued legal action against Sandy, alleging harassment, which led to the protective orders. He stated that the communications were not just about, visitation. They also included vulgarities against him and Angela.

Eric also said that he advised KP.’s school that Sandy was not permitted to take K.P. off campus, but there were no other restrictions. He stated that Sandy could have attended conferences or KP.’s activities. KP.’s principal corroborated Eric’s testimony. She testified that she first met Sandy in the weeks prior to the hearing when she came to the school requesting KP.’s records, which were provided. The principal stated that Eric did not tell her that Sandy was not allowed to be at the school to visit KP.

Eric further testified that Sandy had not given him any money for KP.’s support. He said that he had been responsible for all of KP.’s expenses. He said that while he never | ¿requested any support from Sandy, she never offered him any support, and he never told her not to provide it.

According to Eric, after the McDonald’s incident, KP. no longer wanted to spend time with her mother. He stated that he often asked KP. if she wanted to see or talk to Sandy, and KP. said no. He said that KP. had put that part of her life behind her because it was upsetting to her. He added that KP. had lots of anger toward Sandy because she had put her in many bad situations. He testified that the relationship between KP. and Angela was excellent and that adoption was in KP.’s best interest. ' '

KP., who was thirteen years old at the time of the hearing, testified that she was happy living with her dad and Angela. KP. said that her relationship with Angela was very good, stating that “she is like the best thing I ever had.” K.P. said that she had good grades and had good friends.

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Bluebook (online)
2015 Ark. App. 670, 476 S.W.3d 217, 2015 Ark. App. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-pike-arkctapp-2015.